[Parker]

The house next door is in the foreclosure process. One of the owners committed suicide about 2-3 years ago and its been empty since. My question is this: When it finally goes on sale, will the agent be required to disclose the suicide, or will the buyers learn after they close and move in? Most of us neighbors know, so they are sure to discover this at some point, though they certainly won't hear it from me. The death was particularly grim and will disturb even the most even-tempered person.

So are there any real estate legal folks out there who know this answer?

[gomoho]

Real Estate Practice and Principles 36th edition states "Florida statute mandates that a property was, or was at any time supected to have been, the site of a homicde, suicide, or death is not a material fact in a real estate transaction" so is not required to be disclosed by a property owner or a real estate licensee.

Cannot speak for Village Sales Agents that do not operate under the same code of ethics required of MLS REALTORS.

[gocubsgo]

Same holds true for haunted houses. If the present owner has had any type of paranormal activity in the house, he is supposed to inform the real estate agent about it.

[graciegirl]

[quote=gomoho;668750]Real Estate Practice and Principles 36th edition states "Florida statute mandates that a property was, or was at any time supected to have been, the site of a homicde, suicide, or death is not a material fact in a real estate transaction" so is not required to be disclosed by a property owner or a real estate licensee.

quote]

I think that gomoho just explained it did NOT have to be disclosed.

[asianthree]

it will show up when the homeowner policy is done...All claims follow a home so if hazmet came to do the clean up its on the policy

[galeforce]

Originally Posted by gomoho

Real Estate Practice and Principles 36th edition states "Florida statute mandates that a property was, or was at any time supected to have been, the site of a homicde, suicide, or death is not a material fact in a real estate transaction" so is not required to be disclosed by a property owner or a real estate licensee.

Cannot speak for Village Sales Agents that do not operate under the same code of ethics required of MLS REALTORS.

So is the key word there might be "suspected". Most states mandate "if known", it must be disclosed to the buyer. In, Florida, I'm not sure, but the wording makes me suspicious.

[Phanatic Luvr]

Originally Posted by galeforce

So is the key word there might be "suspected". Most states mandate "if known", it must be disclosed to the buyer. In, Florida, I'm not sure, but the wording makes me suspicious.

gomoho is correct. Does NOT have to be disclosed.

[YouNeverKnow]

Originally Posted by Phanatic Luvr

gomoho is correct. Does NOT have to be disclosed.

I believe if a potential buyer asks the real estate agent if there was a death in the residence, the have to disclose it to them.

[John_W]

Our neighbor just sold their CYV and neither the seller nor agent disclosed to the buyer that there was a major water leak in the slab of a 1-1/2 year old home. Last September when our neighbors came for a short stay they discovered the M/Bath and M/BR were flooded with water. A pipe under the slab had sprung a leak. TV Warranty Department fixed the problem, it took three weeks to repair. They had sledgehammers going through the floor, all the drywall, cabinets and flooring had to be ripped out and replaced with new.

Six weeks ago our neighbors came for another short stay in March, but while here they decided to buy a new CYV in Sanibel and put this CYV on the market with TV Real Estate.

Two days after they left a man along with a couple came by the home while I was in the yard, the man said, come meet your new neighbors. The home was sold, the couple said they were Canadians and just wanted to use the home for a couple of months a year since the man still worked.

The following week I saw the couple again, and they said they had just closed that morning and they were dropping off a few items and then would be headed back to Canada. The neighbor across the street said, did they tell you about the water leak in the slab? The couple looked shocked and said, what do you mean. They immediately went inside and called TV Realtor. The next day I saw the couple as they were packing the car and were getting ready to leave. The woman said to me, if I had known about the leak, I would of never bought this home. I asked what did the realtor say, she said that since it was repaired by the warranty department, it did not need to be disclosed. They got in their car and started the engine and the woman said when they get back to Canada, they were going to contact a lawyer.

The listing and photo are still online if you use search, here they are below. However, it is no longer on the TV Homes website. I would believe that not giving out such pertinent information is bad dealing by TV Real Estate, then again the realtor is working for the seller and not the buyer.

Properties of The Villages

[Parker]

Thanks to all for your input. I must say it makes me cringe to think of buyers moving in to their new home only to learn AFTERWARD of something so grisly happening there, as this particular suicide was not at all ordinary. Just seems wrong. What do you think?

[Taltarzac725]

Originally Posted by Parker

Thanks to all for your input. I must say it makes me cringe to think of buyers moving in to their new home only to learn AFTERWARD of something so grisly happening there, as this particular suicide was not at all ordinary. Just seems wrong. What do you think?

Florida Laws on Stigmatized Property | eHow.com

I would want to know about that. I guess it pays to talk to some of the neighbors around a house you are interested in purchasing.

[Trayderjoe]

While admittedly a muder in a home might give me a little pause (I would re-examine the history of the area) before purchasing, my only concern with a death would be that the home was properly cleaned so that I would not be worried about biological hazards still present (and if there are no disclosure requirements I guess a little faith is needed). Yes, suicide can be upsetting, but if you really think about it, there is a percentage of people who pass in their homes in the Villages (many people who live in the Villages refer to themselves as "Frogs" afterall!). If the nature of one's passing bothers you enough that it impacts your plans to purchase, you probably always need to buy a brand new home (and even this doesn't guarantee anything).

[billethkid]

why would it matter unless your religion has a thing about such a happening....which I doubt.

I can understand that for some folks it would be personally unacceptable for whatever reason.

btk

[justjim]

Suicide or death in a home I purchased would not be an important issue with me but my wife just said it would be for her. We once looked at a Villa here in TV that had a cemetery behind it---we quickly said thanks but no thanks. Bottom line--- what "bothers" one person doesn't another. However, law or no law, my integrity is important to me and I would disclose the suicide if I knew about it and would be disappointed with my real estate agent if he/she didn't disclose the suicide to a buyer.

[kstew43]

as a south florida realtor I am required to give re-sale buyers all information that is presented in the sellers disclosure, that is florida law. sellers sign and buyers sign the disclosure statement..

The sellers are obligated to disclose all information that they are aware of as far as the condition of there home. In regards to deaths in the home, natural deaths do not need to be disclosed. Murders/suicides should be disclosed on that disclosure.

I sold a home that the sellers did not disclose roof leaks and no evidence was found by the buyers home inspectors, but the roof leaked into closets and led to massive water damage, and the buyers sued the seller and won.

in regards to the water leaks, the sellers did know that had happened and it was required to be disclosed.